6-17-402. Rules.

6-17-402. Rules. (a) The State Board of Education shall issue the license of a classroom teacher, an administrator, a guidance counselor, or a library media specialist. (b) The State Board of Education shall promulgate rules for the issuance, licensure, relicensure, and continuance of licensure of teachers in the public schools of this state that: (1) Require at a minimum that each in-state applicant for teacher licensure: (A) Completes an educator preparation program approved by the Division of Elementary and Secondary Education, which shall include without limitation: (i) Educator preparation programs at institutions of higher education leading to a bachelor's degree or higher; and (ii) Alternative educator preparation programs under § 6-17-409; and (B) Demonstrates: (i) Licensure content area knowledge; and (ii) Knowledge of teaching methods; and (2) Require at a minimum that each in-state applicant for an administrator's license demonstrates knowledge of state-adopted competencies and standards for educational leaders. (c)(1) The State Board of Education may promulgate rules for a tiered system of licensure, which may include without limitation: (A) An emergency teaching permit; (B) A technical permit; (C)(i) A provisional license. (ii) The State Board of Education rules may provide that a provisional license may be issued if the applicant: (a) Meets the minimum qualifications under subdivisions (b)(1) and (2) of this section as applicable to an applicant for a teaching or an administrator license; or (b) Partially meets full licensure requirements; (D) A novice or first-time license; (E) A standard license; and (F)(i) A license with advanced requirements. (ii) The State Board of Education may authorize a teacher leader advanced license or a teacher leader endorsement to a license. (2)(A) In addition to other requirements: (i) A person applying for first-time licensure as a secondary-level teacher or as an administrator in the public schools or a licensed secondary-level teacher, a licensed elementary general education teacher, or an administrator applying for a license in an additional area shall take and complete a test approved by the State Board of Education, and submit the scores to the division; and (ii)(a) A person applying for first-time licensure for an elementary education kindergarten through grade six (K-6) license or a special education kindergarten through grade twelve (K-12) license shall: (1) Pass a: (A) Subject matter content assessment; and (B) Stand-alone assessment that examines the acquisition of knowledge of essential components of beginning reading instruction based on the science of reading; and (2) Demonstrate pedagogical competence. (b) The requirements under subdivision (c)(2)(A)(ii)(a) of this section shall apply to a person who: (1) Enters a teacher preparation program beginning in the 2017-2018 academic year or thereafter for a first-time elementary level K-6 license or special education K-12 license or endorsement; and (2) Upon adoption of the stand-alone reading assessment under subdivision (c)(2)(A)(ii)(a)(1)(B) of this section, is seeking to add the elementary education K-6 license level by testing out. (c) A person who enters an alternative educator preparation program beginning in the 2017-2018 academic year and receives an elementary education K-6 provisional license or a special education K-12 provisional license shall take and pass the stand-alone reading assessment under subdivision (c)(2)(A)(ii)(a)(1)(B) of this section in order to receive a standard license. (d)(1) The recommendation for the adoption of a stand-alone reading assessment shall be made by a diverse group of stakeholders. (2) The stakeholders shall recommend a testing company for the stand-alone reading assessment that provides an extensive practice test that enables prospective teachers to practice the kinds of skills taught in their teacher preparation programs so they can learn how to teach reading skills and diagnose reading problems. (e) The stand-alone reading assessment adopted by the State Board of Education shall: (1) Include an adequate number of assessment items to ensure instructional knowledge of reading that is based on evidence-based practices related to the science of reading; (2) Ensure that at least fifty percent (50%) of the items assess instructional knowledge for beginning reading and are based on evidence-based practices related to the science of reading; (3) Include at least one (1) open-response question so that test takers can indicate how well they can demonstrate in writing their diagnostic interpretation of student reading errors; and (4) Include a clear distinction between reading elements in and skills needed for literary and formation texts in order to address the English language arts standards as determined by the State Board of Education. (f) The State Board of Education shall determine the cut score for the stand-alone reading assessment with strong consideration based on the national mean if the national mean is not less than seventy percent (70%) correct answers on the stand-alone reading assessment. (B) An applicant for initial licensure or licensure in an additional area shall not receive a license after July 1, 2007, unless the applicant scores at or above the minimum level set by the State Board of Education that is consistent with the recommendations of the Professional Licensure Standards Board. (d)(1) The State Board of Education shall approve the methods required for applicants to meet the requirements of this section. (2) The teacher preparation programs for licensure in this state shall report the results of the examinations to the division upon request. (e) The State Board of Education shall not delegate to a college or university any of the State Board of Education's powers or duties pertaining to the issuance, licensure, relicensure, and continuance of licensure of teachers in public schools in this state. (f) The State Board of Education shall promulgate rules for the licensure of individuals through reciprocity with other states under § 6-17-403. (g) The State Board of Education shall waive the examination requirements under subsection (c) of this section for an individual applying for a first-time Arkansas license who has a valid out-of-state teaching license and three (3) years' documented teaching experience as required by the rules promulgated by the State Board of Education. (h) A teacher who has less than three (3) years' documented teaching experience shall have up to three (3) years to pass the stand-alone reading assessment, during which the teacher may work under a provisional license. (i) The State Board of Education may establish by rule minimum qualified teacher requirements for teachers employed where licensure has been waived pursuant to law. (j) Rules of the State Board of Education shall identify the following as core licensure content areas: (1) Elementary Education (K-6); (2) English language arts; (3) Mathematics; (4) Science; (5) Social Studies; (6) Art; (7) Music; and (8) Foreign Language. (k)(1) The State Board of Education may promulgate rules to reinstate a revoked teaching license. (2) Rules promulgated under subdivision (k)(1) of this section shall include without limitation the following: (A) Information and requirements regarding an application for reinstatement of a revoked teaching license; and (B) The use of evidence by the State Board of Education to determine whether the applicant for reinstatement of a revoked teaching license: (i) Is rehabilitated, recovered, or in recovery, as applicable; (ii) Has made restitution, as applicable; (iii) Is currently fit to return to an educational environment appropriate to the licensure level of the applicant; and (iv) Does not pose a threat to the health, safety, and welfare of public school students and public school employees. (3) An individual whose teaching license was revoked following an ethics complaint under § 6-17-428 shall release to the State Board of Education any confidential information regarding the ethics complaint made against the individual upon the individual's application for reinstatement of his or her revoked teaching license. (4) Except as provided under subdivision (k)(6) of this section, an applicant for reinstatement of a revoked teaching license shall not apply for reinstatement of his or her revoked teaching license until: (A) Ten (10) years after the date of revocation of the teaching license for: (i) A felony disqualifying offense under § 6-17-410; or (ii) An ethics violation under § 6-17-428; or (B) Five (5) years after the date of revocation for any other reason not identified under subdivision (k)(4)(A) of this section. (5) If an applicant for reinstatement of a revoked teaching license has a true report in the Child Maltreatment Central Registry, the State Board of Education may reinstate the applicant's revoked teaching license with or without a hearing if the applicant provides evidence from the Department of Human Services that the department has removed the applicant's name from the Child Maltreatment Central Registry. (6) The State Board of Education shall not reinstate a revoked teaching license when the reason for the revocation concerned the: (A) Physical or sexual injury of another person; (B) Physical or sexual abuse of another person; (C) Physical mistreatment of another person resulting in death; or (D) Sexual mistreatment of another person.